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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 3, 1922)
THE MORNING OREGONIAN, FRIDAY, NOVE3IBER 3,
If. S. COURT SYSTEM
. BHD OBSOLETE
John C. Veatch Says Many
Refons Are Needed.
METHODS HELD ARCHAIC
Retiring Prosecutor Suggests In
ferior Tribunals to Take
Care of Lesser Cases.
The federal government must re
vise its archaic legal and judicial
system, a relic of the early days of
the republic, if it is to continue to
enact more national laws, said John
C. Veateh, for almost five years an
assistant in the office of the local
United States attorney, who resigned
his official position AVednesday.
The prohibition law, the Harrison
anti-narcotic act and the various
statutes governing: offenses against
interstate commerce have so clut
tered up he work of the federal
courts in the last few years that
the government has little time for
more important prosecutions . and
citizens find difficulty in getting
trial of civil cases.
A system of federal courts of in
ferior jurisdiction, similar to police
courts of municipal governments
and justice courts of states, is needed
to dispose of the misdemeanors now
brought before the regular federal
courts for trial, he says. Especially
in a state like Oregon, where wit
nesses must be transported hun
dreds of miles to appear before the
court at Portland, is such a system
Little Progress I Made.
Mr. "Veatch, the oldest prosecutor
in point of service in the local fed
eral office, entered the government
service in February, 1918, as a spe
cial war-time attorney. He has seen
the volume of work in the federal
court grow by leaps and bounds
since the prohibition law became
"The federal system of justice in
Oregon is about in the same posi
tion as when the state was ad
mitted to the union. But the laws
have been increased a hundred fold,"
"In the last few years we have
seen the enactment of the prohibi
tion laws, the various laws govern
ing interstate commerce, the nar
cotics acts, migratory bird acts, reg
ulations governing use or gasoline
boats, laws covering minor offenses
on forest reserves and public lands.
The majority of these new laws are
" misdemeanors, calling for fine only,
or a fine and a short jail sentence.
Procedure Is Illustrated.
"In Oregon, for instance, a man
is arrested at Lakeview for violat
ing the prohibition law. In winter
witnesses have to be transported by
way of Reno, Nev., to this city. They
come to the grand jury hearing, are
returned to their homes. They are
called back for the trial and again
returned at government expense.
The defendant is found guilty and
fined 200. The witness fees and
expenses cost the government sev
eral thousand dollars.
"There has been considerable de
mand for a statute that would ex
tend to the various United States
commissioners now holding offices
in practically all important county
seats the right to hear such cases
and assess fines up to $500 and im
pose jail sentences up to 60 days.
System Would Be Economical.
"Such a system would prove eco
nomical to the government, provide
a speedier and less costly means of
trial for the accused and do away
with the necessity of dragging wit
nesses away from their homes and
spending a week or so in attendance
at court or the grand jury. It would
make the prohibition law far more
effective, in that prosecutions now
brought before state and city courts
could be carried before a federal
"Punishment for first offenders
could be dealt out by the commis
sioners; in cases where men con
tinued to violate the prohibition
law indictments could be secured in
the federal court' and the prosecu
tion conducted as a felony.
"Of course, if such a system is
adopted all acts of the commission
ers would be subject to appeaj to
the district court. The plan that has
been proposed gives the commis
sioner no power in civil matters."
According to Mr. Veatch, the work
now conducted by the United States
attorney in Portland has trebled in
the last three years. And of this
work at least a half arises out of
violations of the prohibition law, he
"When I came into the United
States attorney's office in 1918 the
highest file number of a case was
1800 meaning that 1800 cases had
been handled since the court was
established. The highest number is
now 5100, showing that in the last
five years twice as many prosecu
tions have been conducted as in the
whole history of the court.
"The federal government will con
tinue to enact more laws, especially
regarding interstate commerce.
With our complex system of civili
zation there are affairs rising everj
day that cannot be regulated by the
individual state. So, if the govern
ment enacts more statutes it must
also provide a system of handling
prosecutions arising out of the vio
lation of such laws. My opinion is
that the answer lies in the creating
of a system of inferior federal
Mr. Veatch on leaving office im
mediately joined the law firm of
Joseph, Haney & Littlefield.
TAX redijgtW cited
MR. McARTHCR SPEAKS AT
. REPUBLICAN RALLIES.
Representative Principal Talker
at Meetings in Brooklyn and
, Richmond Schools.
Republican rallies at which Repre
sentative McArthur was the prin
cipal speaker were held Wednesday
at the Brooklyn and Richmond
schools. Mr. McArthur went into
detail as to the operation of the
new national budget law and quoted
figures showing that the national
debt has been reduced by more than
$1,700,000,000 since President Hard
ing's inauguration on March 4, 1921
He also explained that the annuai
operating expenses of the govern
ment were $1,743,319,789 less during
the fiscal year ending June 30, 1922.
than during the last previous fiscal
"This rs the greatest reduction of
public debt and public expenditures
among; the nations of the world
since tbs arnttatlce," eaid Mr. Mc
Arthur. "Furthermore, the record
shows that the present republican
congress has appropriated one-third
of a billion less for the curre'nt fis
cal year than it did for the year
ending June 30, 1922. The budget
law, passed early in the life of the
present congress, is largely respon
sible for the splendid showing. This
law is one of the greatest pieces of
constructive legislation ever passed
and its successful operation is ma
terially reducing the burden of tax
ation and the public debt.
"When the present congress met
in special session last year, it set
out to reduce taxes. , Departmental
estimates were cut to the bone and
carefully scrutinized by General
Dawes, director of the , budget bu
reau. Further reductions were made
OIL BUBBLE DEATH CAUSE
JOE RECTOR QUITS MEXICO,
DIES OX FARM.
Father of Reputed Kansas City
Heiress Cheated by Friend
of "Bad Land" Days.
MUSKOGEE, Okla. Humiliation
and grief over the deception of Jim
Manuel, negro, whom he knew
when both were poor "bad land"
farmers near Muskogee, were ad
vanced here as having been re
sponsible for the death of Joe
Rector, father of Sarah Rector, well-to-do
Creek freed girl, who died on
a train near Dallas.
Manuel, while in the state peni
tentiary at Jefferson City, Mo., for
forgery, told Rector that oil had
been discovered near a piece of land
he owned near Tampico, Mexico, and
that his land was worth $40,000,000
Rector, having seen the magic of
oil raise his own family from pov
erty to millions, credited the story.
But Rose, his wife and Sarah's
guardian, had possession of the fam
ily money bags. She didn't want
to put up the $8000 bond which
authorities demanded if Manuel was
to be paroled. But finally Joe per
The bond was made and with a
couple of thousand dollars in ex
pense money in his pocket, Joe
started to Mexico with his old Mus
kogee friend. Manuel had promised
him half of the proceeds from his
land for helping him out.
When they got to Mexico, Rector
found that Manuel's tale was a fab
rication. The ex-convict vanished
into the desert leaving Rector
stranded. He telegraphed to Kansas
City for money to get home.
Sarah Rector, the death of whose
father is mentioned in the above dis
patch, lives at 2000 East Twelfth
street, this city. The girl, credited
with being an heiress in her own
right with property holdings valued
at $500,000, came tfl Kansas City al
most two years ago from Muskogee,
Okla. Sarah is the descendant of a
Creek freedman who had a 160-acre
land allotment upon which great
quantities of oil later was discov
ered. Manuel, as he is remembered, was
a visitor in Kansas city for about six
weeks in January, 1921. He was vis
iting his cousin, Thelma Morrison.
802 Independence avenue. Manuel
circulated freely along East Eigh
teenth street in dazzling clothes,
diamonds and taxicabs. His ample
supply of money created quite a stir.
Then came his arrest. He admitted
embezzling $6000 from four differ
ent banks in Oklahoma and Kansas.
While in the penitentiary, Manuel
suddenly announced he had received
word from Mexico that oil had been
discovered on his ranch. He showed
letters from lawyers in Oklahoma
advising him not to sell his rights
for $40,000,000. He made a trip to
Kansas City from Jefferson City
Under guard to consult with "his
lawyer friends here." Then came
the parole and his disappearance.
GASOLINE SALES BIGGER
September Gain Is 21' Per Cent
Over Year Ago.
SALEM, Or., Nov. 1. (Special.)
During September, 1922, gasoline
sales in Oregon increased approx
imately 21 per cent over those of
September, 1921, according to a re
port made by Secretary of State
Kozer. The decline, as compared to
August of this year, was only about
4 per cent.
The tax paid to the state on the
September sales amounts to $132,
149.55. Of this sum, $65,549.03 was
produced by the. law of 1919, which
provides for a rate of 1 cent a gallon
on gasoline and one-half cent a
gallon on distillate
BRITISH LABOR BEATEN
148 Seats Declared Lost In Mu
LONDON, Nov. 2 (By the Asso
ciated Press.) The rout of labor
was the feature of the municipal
elections in a large number of bor
oughs throughout England Wednes
day. Up to-an early hour this morning
the returns were incomplete, but it
is significant that in 10 of London's
28 boroughs the completed returns
show that labor lost 149 seats which
had previously been held by labor
itea, in some instances their repre
sentatives being completely wiped
Irish Fair Draws Crowd.
An Irish fair and bazaar given
Wednesday night in Hibernia hall by
the Ancient Order of Hibernians and
auxiliary was attended by more
than 500. people. Rev. Eugene P.
Burke of Columbia university made
the opening address and the pro
gramme included Gaelic figure
dancing by a group of children
dressed in green, white and orange.
Booths representing the provinces
of Ireland were decorated with
American and Irish colors.
Phone your want ads to The
Oregonian, Main 7070.
4tr jjj, l'm
Rev. E. I. Goshen Speaks at
MASONS HOLD MEETING
Pastor From Salt Lake City De
clares Ignorance and Big
otry Are Menace.
, That the compulsory school meas
ure which appears on the ballot of
the impending election must be
passed by the voters of Oregon as a
declaration of American principle
and a defense of the public schools
was the assertion of Rev. E. I.
Goshen, pastor of the First Congre
gational church of Salt Lake City,
who spoke Wednesday night at Lin
coln auditorium under the auspices
of the Masonic order.
"I do not have to make an appeal
nor an apology," declared the
speaker in his prefatory remarks.
"Just common American citizenship
is all that a man needs when he
talks for the public schools."
History Is Cited.
Dr. Goshen delved into history for
examples of national downfall
through the twin perils of ignorance
and bigotry, and in vivid phrases
depicted the flight of freedom to the
western continent and the establish
ment of the American government.
Vet, he said, despite the splendid
traditions of the nation, American
ism is not yet the common attribute
of all. Foreign schools, foreign
newspapers foster an aloofness from
the true spirit of the land.
"I watched," he said, "not long ago
at a news stand, where working
men were buying papers. Many of
them scarcely could speak English
to express their wants, others in
dicated their choice by gesture.
'They are buying newspapers,' the
propiretor told me, printed in their
own particular language.'
"The time has come when we must
begin a movement with the govern
ment at Washington to decree this:
Read your German, French or Ital
ian books at home, if you will, but
your newspapers, printed in Amer
ica, must be printed in the language
cf America. This is not a local ques
tion. It is a governmental quest'on,
an American question.
"The public school is the only
meeting place where children can
be taught the great principles of
Americanism, and be molded into
Americans. I say the public school
is the only means to this end. It
cannot be done in the church!"
Newspapers Are Warned. '
The speaker expressed himself as
greatly surprised to find, on his
visit to Oregon, that a strong senti
ment prevailed among the state
newspapers against the compulsory
school measure. Of this matter, he
added, he would make no further
public statement. It constituted
something that should be discussed
when there was no possibility of
repertorial eavesdropping. But he
predicted that a day will come when
those newspapers vhich oppose the
measure will have cause to regret
Dr. Goshen was warmly applaud
ed throughout his address, which
plainly voiced the sentiments of the
hundreds who had ventured abroad
on a stormy night to greet the Salt
Lake City pastor. ,
BEAUVAIS PLOT VICTIM
Dynamite Used to Blow Up Home
(By Chicago Tribune Leased Wire.)
MONTREAL, Quebec, Nov. 1. En
emies of Fred Beauvais, co-respondent
in the Stillman divorce case,
attempted to revenge themselves
during his absence iast week-end by
blowing up his home on Caughna
waga Indian reserve, Lachine, Que
bec, with dynamite. The attempt
failed, though some damage was
done, and the provincial and federal
mounted police are both now on the
trail of a young Indian who made
a hurried departure from the re
serve and is thought to have made
for Coteau Landing, where he- is
outside the jurisdiction of the Iro
quois chieftain. Chief Big Six Jocks
As a result of a, visit paid to the
police authorities in Montreal by
Chief Big Six a posse is being or
ganized and will, make a thorough
search of the Coteau district in the
hope of trapping the runaway In
dian, whose motive for the attempt
ed outrage is a subject for specu
lation amongst those interested In
the Stillman co-respondent.
JURY CONVICTS SLAYER
Ex-Metliodist Preacher Guilty of
First Degree Murder. .
liott Padrick, youthful ex-Methodist
preacner, was iouna guilty of first
degree murder in connection with
the killing of his mother-in-law,
Mrs. Mamie Lou Dixon; last June,
the jury returning a verdict early
tonight with a recommendation for
mercy The verdict automatically
carries a sentence oi me imprison
ment. Thf. iitivs Vftrfllit uraa ...... ..V ...a
after consideration of the case that
lasted since 9 o clock this morning.
CAT'S ESTATE IN COURT
Eight Persons Are Fighting- Over
$23,000 Left Pet, Now .Dead.
BOSTON, Nov. 1. A cat having
died. $25,000 Is thrown into the
courts for disposition. Eighteen
years ago Miss Ellen F. Barnard
left her estate in trust for her pets
seven cats, two dogs, two canaries,
a parrot and a cockatoo. "Mewsy,"
a cat, survived all the rest, and
stood in the way of succession to
the estate by Mrs. Leslie Wood
Bond, to whom it was to go on the
death of the pets.
Now, with the cat gone, eight
nephews and nieces, cut off with
$10 each, 'seek equal shares in the
estate, contending that their aunt
was of unsound mind and was in
fluenced in making her will by
Charles W. Bond, a lawyer, and by
the subsidiary legatee, his wife.
Trial of the contest began before a
superior court jury today.
KITTENS ALL CAME BACK
Kind - Hearted Woman Spoils
Carefully Laid Plans.
Kansas City Star.
A Jackson county farmer recently
decided that his household possessed
four nonessential cats. His children,
however, did not agree with him;
at least they would not consent to
any fatal form of riddance. Finally
a compromise was reached whereby
the superfluous cats were to be ban
ished taken far from home and
left to look out for themselves. The
children, however, insisted upon a
conditional banishment. They de
manded that the cats be placed
where they could find a new home
without too discouraging a search.
So the next time the farmer had
occasion to go to Kansas City the
excess cats were sacked and loaded
into the family flivver. About five
miles from home he observed a fa
vorable looking house. The most
favorable feature at 'the moment
was an apparently temporary ab
sence of human occupants. The
farmer preferred to make an un
-The string which bound ' the
mouth of the sack was quickly un
tied. Just before the slowly mov
ing car came opposite the house
the farmer lifted the sack and,
leaning over the farther side of the
car, poured the" contents of the
sack out upon the highway. Then
he "stepped on the gas."
Returning home that afternoon
the- farmer was seized with a feel
ing of misgiving as he neared the
scene of parting. He saw a woman
signal . him to stop and he could
think of no good excuse for ignor
ing the signal. Simulating extreme
perplexity he stopped the car. The
woman approached and deposited a
sack in the tonneau.
"You lost your cats this .morn
ing, mister. I happened to be look
ing out the window when they
tumbled from your car. They were
a little wild, but we gathered them
all up four of "em."
. "Thank you," mumbled the owner
of the cats as he drove on. He won
dered how many grinning faces
were watching him from the house.
ACKER T0HANG DEC. 1
Arizona Murderer to Pay Penalty
of Crime on Gallows.
FLORENCE, Ariz. Terribly bea
ten and with two knife wounds in
his body Ive Enge of Phoenix was
found June 12 lying unconscious in
a little ravine eight miles south of
Prescott. He was brought to Pres
cott where he died nearly a month
Through the efforts of a Pres
cott newspaper man it was estab
lished that Enge, accompanied by
two men, had driven out of Pres
cott in Enge's automobile Sunday,
June. II. A search for the two men
was immediately started and Will
iam E. Acker was arrested in Los
Angeles. Enge's car was found at
Maricopa, where it had been aban
doned. Acker was brought back to Pres
cott where, sheriff's deputies
claimed, he admitted that he had
been present when Enge was atj
tacked, but he insisted that the
actual attack was committed by the
Some time later Thomas W. Burge
was arrested a"t Yuma, charged with
being an accomplice of Acker in the
murder of Enge. In the Yavapai
county jail, officers asserted, Acker
identified Burge as the "other man"
who had beaten and stabbed Enge.
The trial of Burge originally was
set for September 25, but he ob
tained a continuance and the case
was then put on the calendar for
the next jury term.
Burge had steadily maintained
that he had never heard of Enge
and had never seen Acker until the
two men confronted each other in
the Yavapai county jail.
Acker was tried and found guilty.
He was sentenced to hang Decem
ber 1. . , .
Read The Oregonian classified ads.
ni-ati:. a M- ::::::::! r.: I Hji Jf'l.iw aV "li I -T , .
MB-T'mI 11- -r.l;. W .A" -t,
- il LMUY I lull
RHYME SELLS POLICIES
ACTRESS LEAVES STAGE FOR
"Teasing" Prospects With Poetry
Jingles Proves Great Idea for
Getting Cash Returns.
NEW YORK. Because the kalei
doscope had turned for Frances
Wright of New York, placing in the
background all the beauty, glamour
and fascination of the stage, and
setting in the limelight the economic
need of a stable profession as her
companion in her second lap of life,
she left the Btage, though a success
ful actress; and entered the insur
ance field. Miss Wright likes peo
ple, likes hearing all about their
troubles and working out a solu
tion. It is this sympathetic interest
that made her decide on insurance,
hut. she did not discard her assets
as an actress; she took along all
the tricks of the trade except her
According to the old-time insur
ance agent, insurance is a serious
business, but Miss Wright, the mod
ern type of "special agent," puts it
all over the old-timers to the tune
of hundreds of thousands of dollars'
worth of Insurance a year, by going
after the funny bone of her clients.
She's read too many minds across
the footlights to employ sob stuff.
Instead of talking battle, murder
and sudden death she "teases" her
"prospect" by jingles and quips into
taking up the most serious business
in the world, that of providing for
his kith or kin, or that other most
unwelcome and dependent of poor
relations, his own old age, which no
amount of pleading, or coaxing, or
buying off can keep away from his
When she started in business sev
eral years ago. Miss Wright sent out
hundreds of letters and tons, of lit
erature only to discover that other
people possessed waste baskets" as
voluminous as her own. Business
over the phone proved unsuccessful
also. She obtained clients, but her
exertions were out of proportion to
her income, and as she did all her
own secretarial work, one busy
month the calendar blotters that it
is her custom to send out to "pros
pects" each month were long over
due and consequently out of date.
She looked at the blotters dole
fully. It meant a waste of some
precious cash. But auto suggestion
came to her rescue. "Why not," it
said, "put yourself on a par with
your clients and send out the blot
ters with the confession, 'I, too, pro
crastinate'?" Then Miss Wright
wrote her first insurance jingle:
This blotter reaches you a month too
For I, like you, sometimes procrastinate.
Don't call me down, but call me up or
For every year Insurance rates go higher.
And do not censure me for my neglect
Until this little moral takes effect.
The next morning Miss Wright
was surprised to receive several
rhymed replies. One was from not
John D., but a close second, whom
she had been trying' to reach for
months and had been unable to on
account of the cordon of office boys
and secretaries that acted as body
guard to his sacred person. Here is
I got the point right off. you know.
I guess I have been pretty slow.
To put your plea in verse is fine.
Phone me tomorrow, half past nine.
The "special agent" gasped and
her eyes opened with a baby stare
to think that the "Street" should so
far forget itself as to write jingles
in office hours. Then she concluded
that even the market has a funny
bone and she went boldly after her
policy and got it. It was' valuable,
not only as a sale, but as a tip on
the psychology of the street.
AnotHer month this verse was
clipped to the outgoing calendars
advocating accident- and health in
surance: Din?, dong, bell.
Daddy isn't well.
MuM he stay in bed?
That's what doctor said. ;
Won't it cost a lot?
No, child, what a thought!
For such a thoughtful dad is he
He plans for each emergency.
And though he's sick for months, we
Our bank account will not get lew.
Daddy can be cheerful still
His health insurance pays the bill!
Ding, dong, bell.
Daddy isn't well.
The jingles that came in response
to this were all by men and all in
dicated a common destiny for them
selves which they attempted to fore
stall by taking out insurance. This
typical answer, Miss Wright claims,
is a thousand times better than her
Dir.g, dong. bell.
Daddy's gone to hell.
He wouldn't stay in bed.
Nor do as doctor said.
But soon our grief was cured
For daddy was insured,
Ai.d happily ma discovered
The loss was fully covered!
It's the kind of a smoke
you've, often wished
somebody would make.
Buy two today and compare them with all
other cigars you ever smoked. You'll say,
"There's real joy in every Blue Point."
TWO FOR TWENTY-FIVE CENTS
A Convenient Way
to buy Blue Point Special Cigars 52 inches in
length in the neat box of 1 0. It makes an attractive
and acceptable gift any time $1.25..-
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ONE LOCATION FOUR ENTRANCES
'TIGER OF FRANCE' SMALL
Strength - and Energy Seems to
Have Been Inexhaustible.
NEW YORK. They call Clemen
ceau "the' tiger of France" because
he fights like that creature of the
wilds. He is a little man, little and
bald, with a bristling mustache and
flashing eyes, and a habit of fight
ing his battles to a finish. His life
reads like a wild, improbable ro
mance. At. 21 years of age he was
an exile from his country. At 76
France was begging him to take the
premiership and save her from the
German disaster that threatened.
"My will," Clemenceau said,
sternly, "must be the law of
They gave him his way. France
needed a tiger just then, for the
menace of the German spy was
threatening the nation's heart. Un
able to shatter the armies that
fought under the Tricolor, Germany
was trying to win by fraud and de
ceit. Everywhere German spies
were plying their vile trade. Weak
Frenchmen were being bribed to do
Germany's work. The confidence of
the people was being "undermined;
the government seemed unable to
catch the snakes. Soon the fear and
uncertainty might spread to the
brave soldiers at the front and then
all would be lost.
All his life he has been a fighter.
All his life he has given his strength
and" his brain and his energy to
causes in which he believed. His
strength and his energy seem to
have been inexhaustible. Whatever
he has done, whether as statesman,
editor, teacher or physician, he has
124 N Brondvray. Portland, Oregon
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done it with all his heart. He has
always been a foe of halfway meas
ures. He has had no sympathy for
unsteadiness, slackness or weakness
in the face of duty. Before he was
40, so strongly had he impressed
himself on his people they called
him "the tiger." At 82 his fire is
still unquenched. He has been tem
porarily defeated, but never van
quished. He has met reverses only
to make them stepping stones to
He decided to be an editor. He
produced a fiery newspaper that
never left any question as to its be
liefs. That paper failed. Two years
later he established another, and
this paper, too, struck its blows
straight from the shoulder. But it
also failed. However, Clemenceau
had made up his mind that he would
succeed. He established a third pa
per only to see it die. But all the
while Clemenceau had been learn
ing. Each failure had taught him
something he did not know before.
From the ashes of his first three
ffAakm of genuine Australian Kangaroo
Boots ana Shoes for men and "women
One friend meets another
They walk together. They talk together.
They pass a shoe store. Somehow, the
conversation drifts to "shoes."
One friend tells the other about a "make"
of shoes he has worn for years. He
praises. Hegives reasons. He knows. And
he is anxious that his friend shall share
in his "discovery."
My friend, that is just the position we are
in telling you the good things wzknow
about Edwin Clapp Shoes and the good
things our friends say about them.
But we would prefer that a pair of Edwin
Clapp Shoes should tell you the story.
For men and women. Try one pair.
Protzman Shoe Co.
108 Broadway, Portland, Or.
ventures he fashioned his fourth
newspaper. The fourth newspaper
has proved a success.
Purified Water Reduces Cholera.
PETROGRAD. Cholera has been
reduced to an almost negligible
number of cases this summer in
Fetrograd as a result of sanitary
measures Invoked by the medical
forces of the American relief ad
ministration through purification of
the city's water supply and the in
oculation of 75,000 persons. Puri
fication of the water by the intro
duction of 250 tons of chloride of
lime was made possible through
funds furnished by the American
Red Cross to the American relief
administration. It is tne opinion
of the medical men in the field that
cholera and other summer diseases
in Russia will be reduced to a mini
mum in districts where it has been
possible to carry on a preventive